Wyoming 2025 Regular Session

Wyoming House Bill HB0192 Compare Versions

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1-ORIGINAL HOUSE ENGROSSED
2-BILL NO. HB0192
3-ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES
4-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
5-2025 GENERAL SESSION
1+2025
2+STATE OF WYOMING
3+25LSO-0530
4+ENGROSSED
5+1HB0192
6+HOUSE BILL NO. HB0192
7+Public utilities-wildfire mitigation and liability limits.
8+Sponsored by: Representative(s) Larson, JT, Campbell, E,
9+Lawley, Thayer and Wylie and Senator(s)
10+Barlow, Dockstader, Jones and Schuler
11+A BILL
12+for
13+1 AN ACT relating to public utilities; requiring public
14+2 utilities to prepare and submit wildfire mitigation plans;
15+3 specifying procedures for the submission and review of
16+4 wildfire mitigation plans; specifying how costs associated
17+5 with wildfire mitigation plans may be recovered; specifying
18+6 limits for liability and damages for public utilities
19+7 related to wildfires; requiring rulemaking; specifying
20+8 applicability; and providing for effective dates.
21+9
22+10
23+11
24+12. 37-3-401 through 37-3-405 are created to
25+13 read:
26+14
27+15 ARTICLE 4 2025STATE OF WYOMING25LSO-0530
28+ENGROSSED
29+2HB0192
30+1 WILDFIRE MITIGATION
31+2
32+3
33+4
34+5 (a) As used in this article:
35+6
36+7 (i) "Economic loss" means pecuniary loss,
37+8 including losses resulting from medical expenses, business
38+9 interruption, loss of business, property damage loss,
39+10 replacement services loss, loss due to death and burial
40+11 costs to the extent recovery for the loss is allowed under
41+12 the laws of Wyoming;
42+13
43+14 (ii) "Electric utility" means any person,
44+15 including cooperative electric utilities that perform any
45+16 of the functions specified in W.S. 37-1-101(a)(vi)(C), that
46+17 is authorized to engage in business in Wyoming and that is
47+18 primarily engaged in the generation, transmission or sale
48+19 of electric energy. "Electric utility" shall not include
49+20 any electric utility owned or operated by a city or town;
50+21
51+22 (iii) "Wildfire" means an unplanned, unwanted
52+23 fire burning within Wyoming that may impact, damage or 2025STATE OF WYOMING25LSO-0530
53+ENGROSSED
54+3HB0192
55+1 cause harm to natural resources, agricultural resources,
56+2 homes and property or that threatens lives and safety.
57+3
58+4
59+5
60+6
61+7 Nothing in this article shall be construed to limit the
62+8 commission's authority to regulate utilities or promulgate
63+9 rules under other provisions of this title.
64+10
65+11
66+12
67+13
68+14 (a) Each electric utility shall prepare a wildfire
69+15 mitigation plan that shall include, at a minimum:
70+16
71+17 (i) A description of the electric utility's
72+18 service territory and the areas within the service
73+19 territory or rights-of-way that may be subject to a
74+20 heightened risk of wildfire;
75+21
76+22 (ii) A description of the procedures, standards
77+23 and schedules that the electric utility will use to inspect 2025STATE OF WYOMING25LSO-0530
78+ENGROSSED
79+4HB0192
80+1 and operate its transmission and distribution
81+2 infrastructure, if any;
82+3
83+4 (iii) A description of the procedures and
84+5 standards that the electric utility will use to perform
85+6 vegetation management;
86+7
87+8 (iv) A description of proposed modifications,
88+9 replacements and upgrades to facilities and preventative
89+10 programs that the electric utility will implement to reduce
90+11 the risk of its electric facilities initiating a wildfire;
91+12
92+13 (v) A description of how the electric utility's
93+14 wildfire mitigation strategies and policies have changed in
94+15 the immediately preceding five (5) years;
95+16
96+17 (vi) A description of how the electric utility
97+18 will coordinate with other electric utilities regarding any
98+19 shared facilities;
99+20
100+21 (vii) A description of procedures and
101+22 considerations for de-energizing power lines and disabling
102+23 reclosers to mitigate potential fires, including: 2025STATE OF WYOMING25LSO-0530
103+ENGROSSED
104+5HB0192
6105 1
7-AN ACT relating to public utilities; requiring public
8-utilities to prepare and submit wildfire mitigation plans;
9-specifying procedures for the submission and review of
10-wildfire mitigation plans; specifying how costs associated
11-with wildfire mitigation plans may be recovered; specifying
12-limits for liability and damages for public utilities
13-related to wildfires; requiring rulemaking; specifying
14-applicability; and providing for effective dates.
15-Be It Enacted by the Legislature of the State of Wyoming:
16-Section 1. 37-3-401 through 37-3-405 are created to
17-read:
18-ARTICLE 4
19-WILDFIRE MITIGATION
20-37-3-401. Definitions.
21-(a) As used in this article:
22-(i) "Economic loss" means pecuniary loss,
23-including losses resulting from medical expenses, business
24-interruption, loss of business, property damage loss,
25-replacement services loss, loss due to death and burial
26-costs to the extent recovery for the loss is allowed under
27-the laws of Wyoming;
28-(ii) "Electric utility" means any person,
29-including cooperative electric utilities that perform any
30-of the functions specified in W.S. 37-1-101(a)(vi)(C), that
31-is authorized to engage in business in Wyoming and that is
32-primarily engaged in the generation, transmission or sale
33-of electric energy. "Electric utility" shall not include
34-any electric utility owned or operated by a city or town; ORIGINAL HOUSE ENGROSSED
35-BILL NO. HB0192
36-ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES
37-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
38-2025 GENERAL SESSION
106+2 (A) The ability of the electric utility to
107+3 reasonably access the proposed power line to be
108+4 de-energized;
109+5
110+6 (B) Balancing the risk of wildfire with the
111+7 need for the continued supply of electricity to a
112+8 community;
113+9
114+10 (C) Any potential impact that de-energizing
115+11 lines may have on the resilience of the remainder of the
116+12 electric utility's transmission and distribution
117+13 facilities, if any;
118+14
119+15 (D) The need to provide notice to customers
120+16 and the public before or as soon as practicable after
121+17 de-energization;
122+18
123+19 (E) Any need to communicate and coordinate
124+20 with any other electric utilities that may be impacted by a
125+21 de-energization and any plans to accomplish communications,
126+22 including communications with transmission operators,
127+23 reliability coordinators and cooperative member systems; 2025STATE OF WYOMING25LSO-0530
128+ENGROSSED
129+6HB01921
130+2 (F) Anticipated potential impacts to public
131+3 safety.
132+4
133+5 (viii) A description of the procedures the
134+6 electric utility intends to use to restore its electrical
135+7 system in the event of a wildfire;
136+8
137+9 (ix) For electric utilities whose rates are
138+10 regulated by the commission, a description of the estimated
139+11 incremental costs and potential associated rate impacts for
140+12 the implementation of the wildfire mitigation plan,
141+13 including system improvements and upgrades;
142+14
143+15 (x) A description of community outreach and
144+16 public awareness efforts before and during the wildfire
145+17 season, particularly in areas impacted by wildfires or
146+18 de-energizations;
147+19
148+20 (xi) A description of potential participation
149+21 with emergency coordinators, if applicable;
150+22 2025STATE OF WYOMING25LSO-0530
151+ENGROSSED
152+7HB01921 (xii) Input from the Wyoming state forestry
153+2 division of the office of state lands and investments, an
154+3 association representing Wyoming rural firefighters and any
155+4 other appropriate federal, state or local fire entity.
156+5
157+6
158+7
159+8
160+9 (a) An electric utility shall apply to the commission
161+10 for approval of a wildfire mitigation plan.
162+11
163+12 (b) Upon receiving an application for approval of a
164+13 wildfire mitigation plan, the commission shall, not later
165+14 than one hundred twenty (120) days after receipt, unless
166+15 the commission deems it is necessary to continue the
167+16 implementation of the wildfire mitigation plan for a longer
168+17 period of time and the commission has entered an order
169+18 confirming the continuance and stating the facts making the
170+19 continuance necessary, approve the plan if the plan is
171+20 reasonable, in the public interest and appropriately
172+21 balances the costs of implementing the plan with the risks
173+22 of a potential wildfire. For electric utilities whose rates
174+23 are regulated by the commission, approval of a wildfire 2025STATE OF WYOMING25LSO-0530
175+ENGROSSED
176+8HB0192
177+1 mitigation plan shall not automatically confer to the
178+2 electric utility the right to recover the costs associated
179+3 with the wildfire mitigation plan. An electric utility
180+4 whose rates are regulated by the commission may seek, and
181+5 the commission may authorize, cost recovery for the costs
182+6 associated with implementing a wildfire mitigation plan.
183+7
184+8 (c) Each electric utility shall submit subsequent or
185+9 updated plans to the commission not later than every fifth
186+10 year after the electric utility last submitted a plan to
187+11 the commission or as ordered by the commission. The
188+12 commission shall review and approve subsequent plans in
189+13 accordance with subsection (b) of this section.
190+14
191+15 (d) Not later than June 1 in the year following any
192+16 year in which the commission approves a wildfire mitigation
193+17 plan under this section, an electric utility shall file an
194+18 annual report with the commission detailing the electric
195+19 utility's compliance with the approved wildfire mitigation
196+20 plan and shall request an order of the commission finding
197+21 that the electric utility has substantially complied with
198+22 the plan during the preceding year.
199+23 2025STATE OF WYOMING25LSO-0530
200+ENGROSSED
201+9HB01921
39202 2
40-(iii) "Wildfire" means an unplanned, unwanted
41-fire burning within Wyoming that may impact, damage or
42-cause harm to natural resources, agricultural resources,
43-homes and property or that threatens lives and safety.
44-37-3-402. Wildfire mitigation plans; preemption;
45-commission authority; applicability.
46-(a) Nothing in this article shall be construed to
47-limit the commission's authority to regulate utilities or
48-promulgate rules under other provisions of this title.
49-(b) Wildfire mitigation plans approved by the
50-commission shall preempt any part of a local land use plan
51-or ordinance that would impede or preclude an electric
52-utility from implementing the wildfire mitigation plan.
53-37-3-403. Electric utilities; wildfire mitigation
54-plans; contents.
55-(a) Each electric utility shall prepare a wildfire
56-mitigation plan that shall include, at a minimum:
57-(i) A description of the electric utility's
58-service territory and the areas within the service
59-territory or rights-of-way that may be subject to a
60-heightened risk of wildfire;
61-(ii) A description of the procedures, standards
62-and schedules that the electric utility will use to inspect
63-and operate its transmission and distribution
64-infrastructure, if any; ORIGINAL HOUSE ENGROSSED
65-BILL NO. HB0192
66-ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES
67-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
68-2025 GENERAL SESSION
69-3(iii) A description of the procedures and
70-standards that the electric utility will use to perform
71-vegetation management;
72-(iv) A description of proposed modifications,
73-replacements and upgrades to facilities and preventative
74-programs that the electric utility will implement to reduce
75-the risk of its electric facilities initiating a wildfire;
76-(v) A description of how the electric utility's
77-wildfire mitigation strategies and policies have changed in
78-the immediately preceding five (5) years;
79-(vi) A description of how the electric utility
80-will coordinate with other electric utilities regarding any
81-shared facilities;
82-(vii) A description of procedures and
83-considerations for de-energizing power lines and disabling
84-reclosers to mitigate potential fires, including:
85-(A) The ability of the electric utility to
86-reasonably access the proposed power line to be
87-de-energized;
88-(B) Balancing the risk of wildfire with the
89-need for the continued supply of electricity to a
90-community;
91-(C) Any potential impact that de-energizing
92-lines may have on the resilience of the remainder of the
93-electric utility's transmission and distribution
94-facilities, if any; ORIGINAL HOUSE ENGROSSED
95-BILL NO. HB0192
96-ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES
97-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
98-2025 GENERAL SESSION
99-4 (D) The need to provide notice to customers
100-and the public before or as soon as practicable after
101-de-energization;
102-(E) Any need to communicate and coordinate
103-with any other electric utilities that may be impacted by a
104-de-energization and any plans to accomplish communications,
105-including communications with transmission operators,
106-reliability coordinators and cooperative member systems;
107-(F) Anticipated potential impacts to public
108-safety.
109-(viii) A description of the procedures the
110-electric utility intends to use to restore its electrical
111-system in the event of a wildfire;
112-(ix) For electric utilities whose rates are
113-regulated by the commission, a description of the estimated
114-incremental costs and potential associated rate impacts for
115-the implementation of the wildfire mitigation plan,
116-including system improvements and upgrades;
117-(x) A description of community outreach and
118-public awareness efforts before and during the wildfire
119-season, particularly in areas impacted by wildfires or
120-de-energizations;
121-(xi) A description of potential participation
122-with emergency coordinators, if applicable;
123-(xii) Input from the Wyoming state forestry
124-division of the office of state lands and investments, an
125-association representing Wyoming rural firefighters, ORIGINAL HOUSE ENGROSSED
126-BILL NO. HB0192
127-ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES
128-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
129-2025 GENERAL SESSION
203+3
204+4 (a) Except as otherwise provided in this section,
205+5 there shall be a presumption in any civil action that the
206+6 approved wildfire mitigation plan is a reasonable and
207+7 prudent preparation for, and mitigation of, wildfire risk.
208+8
209+9 (b) An electric utility and a landowner with an
210+10 alleged wildfire related claim shall negotiate in good
211+11 faith before any landowner files a civil action against the
212+12 electric utility. During negotiations, an electric utility
213+13 shall respond to a landowner not later than ninety (90)
214+14 days after receipt of the landowner's submission of
215+15 itemized damages.
216+16
217+17 (c) A plaintiff may recover economic loss from an
218+18 electric utility as a result of a wildfire only if the
219+19 plaintiff shows one (1) or more of the following by a
220+20 preponderance of the evidence:
221+21
222+22 (i) The electric utility failed to substantially
223+23 comply with an approved wildfire mitigation plan, and that 2025STATE OF WYOMING25LSO-0530
224+ENGROSSED
225+10HB0192
226+1 failure was the actual and proximate cause of the damages
227+2 to the plaintiff. For purposes of this paragraph, an
228+3 electric utility shall be deemed to have substantially
229+4 complied with the wildfire mitigation plan if the electric
230+5 utility attempted in good faith to comply with the plan but
231+6 was denied or unreasonably delayed access to a right-of-way
232+7 after the electric utility requested access to the
233+8 right-of-way to perform vegetation management or fire
234+9 mitigation work in accordance with the plan;
235+10
236+11 (ii) The electric utility acted with malice or
237+12 criminal intent, and the electric utility's action was the
238+13 actual and proximate cause of the damages to the plaintiff.
239+14
240+15 (d) The following shall apply in any civil action
241+16 that any plaintiff brings against an electric utility for
242+17 damages caused by wildfire:
243+18
244+19 (i) An action against an electric utility for
245+20 damages caused by a wildfire shall be brought not later
246+21 than four (4) years after the date of the ignition of the
247+22 wildfire;
248+23 2025STATE OF WYOMING25LSO-0530
249+ENGROSSED
250+11HB01921 (ii) A plaintiff may recover economic losses;
251+2
252+3 (iii) No plaintiff shall recover noneconomic
253+4 damages unless the plaintiff's claim is based on the injury
254+5 or death of any person in a wildfire;
255+6
256+7 (iv) Nothing in this section shall be construed
257+8 to limit any defenses that an electric utility may be
258+9 entitled to raise in a civil action for damages caused by
259+10 wildfire.
260+11
261+12Nothing in this act shall be construed to
262+13 impair, alter or preempt any terms or agreements in
263+14 original grants of easements made before July 1, 2025.
264+15
265+16The public service commission may
266+17 promulgate any rules necessary to implement this act.
267+18 2025STATE OF WYOMING25LSO-0530
268+ENGROSSED
269+12HB01921.
270+2
271+3 (a) Except as provided in subsection (b) of this
272+4 section, this act is effective July 1, 2025.
130273 5
131-counties and any other appropriate federal, state or local
132-fire entity.
133-(b) Not later than five (5) business days after a
134-fire mitigation plan is submitted to the public service
135-commission for approval under W.S. 37-3-404(a), the
136-electric utility shall provide direct notice that a
137-wildfire mitigation plan has been filed with the public
138-service commission to all conservation districts,
139-municipalities and counties in the electric utility's
140-Wyoming service territories.
141-37-3-404. Wildfire mitigation plans; commission
142-approval.
143-(a) An electric utility shall apply to the commission
144-for approval of a wildfire mitigation plan.
145-(b) Upon receiving an application for approval of a
146-wildfire mitigation plan, the commission shall, not later
147-than one hundred twenty (120) days after receipt, unless
148-the commission deems it is necessary to continue the
149-implementation of the wildfire mitigation plan for a longer
150-period of time and the commission has entered an order
151-confirming the continuance and stating the facts making the
152-continuance necessary, approve the plan if the plan is
153-reasonable, in the public interest and appropriately
154-balances the costs of implementing the plan with the risks
155-of a potential wildfire. For electric utilities whose rates
156-are regulated by the commission, approval of a wildfire
157-mitigation plan shall not automatically confer to the
158-electric utility the right to recover the costs associated
159-with the wildfire mitigation plan. An electric utility
160-whose rates are regulated by the commission may seek, and ORIGINAL HOUSE ENGROSSED
161-BILL NO. HB0192
162-ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES
163-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
164-2025 GENERAL SESSION
165-6
166-the commission may authorize, cost recovery for the costs
167-associated with implementing a wildfire mitigation plan.
168-(c) Each electric utility shall submit subsequent or
169-updated plans to the commission not later than every fifth
170-year after the electric utility last submitted a plan to
171-the commission or as ordered by the commission. The
172-commission shall review and approve subsequent plans in
173-accordance with subsection (b) of this section.
174-(d) Not later than June 1 in the year following any
175-year in which the commission approves a wildfire mitigation
176-plan under this section, an electric utility shall file an
177-annual report with the commission detailing the electric
178-utility's compliance with the approved wildfire mitigation
179-plan and shall request an order of the commission finding
180-that the electric utility has substantially complied with
181-the plan during the preceding year.
182-37-3-405. Wildfire mitigation plans; recovery of
183-costs.
184-(a) Except as otherwise provided in this section,
185-there shall be a presumption in any civil action that the
186-approved wildfire mitigation plan is a reasonable and
187-prudent preparation for, and mitigation of, wildfire risk.
188-(b) An electric utility and a landowner with an
189-alleged wildfire related claim shall negotiate in good
190-faith before any landowner files a civil action against the
191-electric utility. During negotiations, an electric utility
192-shall respond to a landowner not later than ninety (90)
193-days after receipt of the landowner's submission of
194-itemized damages. ORIGINAL HOUSE ENGROSSED
195-BILL NO. HB0192
196-ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES
197-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
198-2025 GENERAL SESSION
199-7(c) A plaintiff may recover economic loss from an
200-electric utility as a result of a wildfire only if the
201-plaintiff shows one (1) or more of the following by a
202-preponderance of the evidence:
203-(i) The electric utility failed to substantially
204-comply with an approved wildfire mitigation plan, and that
205-failure was the actual and proximate cause of the damages
206-to the plaintiff. For purposes of this paragraph, an
207-electric utility shall be deemed to have substantially
208-complied with the wildfire mitigation plan if the electric
209-utility attempted in good faith to comply with the plan but
210-was denied or unreasonably delayed access to a right-of-way
211-after the electric utility requested access to the
212-right-of-way to perform vegetation management or fire
213-mitigation work in accordance with the plan and the denial
214-or delay was a proximate cause of the damages to the
215-plaintiff. A denial or delay shall not be deemed a
216-proximate cause of the damages unless the electric utility
217-made reasonable efforts to enforce their easement access
218-rights within a reasonable time;
219-(ii) The electric utility acted with gross
220-negligence, malice or criminal intent, and the electric
221-utility's action was the actual and proximate cause of the
222-damages to the plaintiff.
223-(d) The following shall apply in any civil action
224-filed under subsection (c) of this section that any
225-plaintiff brings against an electric utility for damages
226-caused by wildfire:
227-(i) An action against an electric utility for
228-damages caused by a wildfire shall be brought not later ORIGINAL HOUSE ENGROSSED
229-BILL NO. HB0192
230-ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES
231-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
232-2025 GENERAL SESSION
233-8
234-than four (4) years after the date of the ignition of the
235-wildfire;
236-(ii) A plaintiff may recover economic losses;
237-(iii) No plaintiff shall recover noneconomic
238-damages unless the plaintiff's claim is based on the injury
239-or death of any person in a wildfire;
240-(iv) Nothing in this section shall be construed
241-to limit any defenses that an electric utility may be
242-entitled to raise in a civil action for damages caused by
243-wildfire.
244-(e) Nothing in this section shall be construed to
245-apply to any action against an electric utility for:
246-(i) Any act or omission taken by the electric
247-utility that is not addressed or covered in the electric
248-utility's wildfire mitigation plan;
249-(ii) Any act or omission taken by the electric
250-utility that causes damages or losses not caused or created
251-by a wildfire.
252-Section 2. Nothing in this act shall be construed to
253-impair, alter or preempt any terms or agreements in grants
254-of easements or the terms in any other agreements between
255-electric utilities and third parties for the shared use of
256-facilities.
257-Section 3. The public service commission may
258-promulgate any rules necessary to implement this act. ORIGINAL HOUSE ENGROSSED
259-BILL NO. HB0192
260-ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES
261-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
262-2025 GENERAL SESSION
263-9Section 4.
264-(a) Except as provided in subsection (b) of this
265-section, this act is effective July 1, 2025.
266-(b) Sections 3 and 4 of this act are effective
267-immediately upon completion of all acts necessary for a
268-bill to become law as provided by Article 4, Section 8 of
269-the Wyoming Constitution.
270-(END)
271-Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
272-I hereby certify that this act originated in the House.
273-Chief Clerk
274+6 (b) Sections 3 and 4 of this act are effective
275+7 immediately upon completion of all acts necessary for a
276+8 bill to become law as provided by Article 4, Section 8 of
277+9 the Wyoming Constitution.
278+10
279+11 (END)